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Hello everyone,

I am a non Eea national and my wife is an EEA national. We both came in 2006 to uk. Married in july 2008 and since then living together. Got residence card in 2009. Applied for PR in oct 2014 with almost all the supported documents and today i received a refusal letter, but they kept my passport.
I will just briefly explain.
It is noted to you have provided no evidence of your residence in the UK from 07/08 - 03-12, 05/12 - 08/12, 01/13 - 08/14. As a result this department is unable to establish whether you have been residing in the uk while your EEA sponsor has been exersicing treaty rights.
HO gave me right of appeal but they also stated in the end of the letter which is,
If you consider that you have a right to reside in the UK as a matter of European law, and you are in a position to submit the necessary information to support your application, you may wish to submit a further application for consideration.
So can anyone please help me with this matter? Should i appeal or reapply? I will send bank statements for all those dates to prove that I was resided in the uk and was working full time.
Please your help would be much appreciated.
Also should i contact a lawyer or do it by myself?
Thank you.

What documents you have submitted with your application, how long it took them to decide. You can submit your application again with more documents showing your residence here

EUcards wrote:What documents you have submitted with your application, how long it took them to decide. You can submit your application again with more documents showing your residence here

I submitted couple of bank statements, marriage cert, pay slips, passports, rent agreements, job letters, WRS card, savings accounts, council tax bill etc for both of us and for 5 yrs period. It took 4 months.
Will it not be better if i send some proof which will cover that period of time which they refused me for?

Well look like caseworker wasn't in good mood otherwise it shouldn't be a reason to refuse. You can submit further documents and request for reconsideration. I am sure you will get you PR soon then

EUcards wrote:Well look like caseworker wasn't in good mood otherwise it shouldn't be a reason to refuse. You can submit further documents and request for reconsideration. I am sure you will get you PR soon then

I never spent more than 1 month in a year outside uk and HO thought that i may not be living with my wife or in the uk in that certain timing. So i will submit all those documents asap. Do you consider me to contact a laywer to study the letter much better?

Well applications are taking much longer than the six month deadline these days, there is a 121 pages application and people are been called for interviews asba matter if routine.

May best to apply and re appeal as they are unlikely to reconsider.

I am a non Eea national and my wife is an EEA national. We both came in 2006 to uk. Married in july 2008 and since then living together. Got residence card in 2009. Applied for PR in oct 2014 with almost all the supported documents and today i received a refusal letter, but they kept my passport.
I will just briefly explain.
It is noted to you have provided no evidence of your residence in the UK from 07/08 - 03-12, 05/12 - 08/12, 01/13 - 08/14. As a result this department is unable to establish whether you have been residing in the uk while your EEA sponsor has been exersicing treaty rights.

I'm sorry for the refusal. Is it not enough to submit your passport as a proof of your residency in the UK? if you are non EU that time your passport would be stamped on the airport every time you go abroad. My husband submitted his EEA4 application 2,5 months ago (still waiting for the result) but we didn't provide supporting documents for every single months. Just some random bank statements, bills from different years, all my P60s, WRS, marriage certificate. So your refusal makes me worried...

Obie wrote:Well applications are taking much longer than the six month deadline these days, there is a 121 pages application and people are been called for interviews asba matter if routine.

May best to apply and re appeal as they are unlikely to reconsider.

Hi Obie, what do you mean by May best to apply and re appeal as they are unlikely to reconsider ?

Sorry . I meant to say that it may be best to appeal and re apply .

Depending on which part of the UK , you are. An appeal may be quicker than reapplying.

I was meant to say , that it is better to appeal and re apply.

Obie wrote:I was meant to say , that it is better to appeal and re apply.

Thank you obie. Do you think my bank statements would be sufficient to prove that I was living in London by that time?

Obie wrote:I was meant to say , that it is better to appeal and re apply.

Hi obie, i would like to ask about the same post above. I am planning to appeal again the HO decision. I have gattered enough evidence about my residence in the UK. HO kept my passport but sent me all my documents, so My question is that shall i send these documents ( evidence) with those one which the HO sent me back or i should just send the new documents ( evidence)?

Please help.
Thank you

gktssm82 wrote:

EUcards wrote:What documents you have submitted with your application, how long it took them to decide. You can submit your application again with more documents showing your residence here

I submitted couple of bank statements, marriage cert, pay slips, passports, rent agreements, job letters, WRS card, savings accounts, council tax bill etc for both of us and for 5 yrs period. It took 4 months.
Will it not be better if i send some proof which will cover that period of time which they refused me for?

I beleive HO refusal was totally wrong as you submit enough documents to prove your 5 years residency in the uk.